Guerrero (s104(4A); statutory abandonment; right of appeal) Trinidad and Tobago
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What was at stake
The case addresses statutory abandonment of appeals under section 104(4A) and the right of appeal in immigration matters involving a Trinidad and Tobago national.
What the court decided
A judicial decision under s104(4A) of the Nationality, Immigration and Asylum Act 2002 to treat an appeal as abandoned is not an "excluded decision," so the Upper Tribunal has jurisdiction to hear an appeal against it. Where a biometric residence permit (BRP) has been issued in error, there is no grant of leave to remain, so a pending appeal does not fall to be treated as abandoned under s104(4A); a BRP is evidence of immigration status, not itself the grant of such leave. Applying that, the First-tier Tribunal had erred in law by treating Guerrero's asylum appeal as abandoned on the basis that the mistakenly-issued BRP ("Refugee leave to remain") was an effective grant of leave. The FtT decision was set aside and the asylum appeal remitted to the First-tier Tribunal for a de novo hearing before a differently constituted tribunal.
Statutes and cases cited
- § Immigration Act 2014 s.104(4A)
Categories
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